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Summons Private cases SS

MR. FIROZ ISMAIL KHANVsMR. KANJI MANA BHANDWA

CNR MHMM19001278201848-Judicial Magistrate (First Class), 48th Court
CASE DISPOSED
Contested--CONVICTED
Decision Date: 11th May 2022

TrustJury record updated 23 Sept 2026

Case Overview

Registration Number
597/2018
Registration Date
02 Feb 2018

Advocates

1

For Petitioner

For Respondent

    Not available

    Parties

    2

    Acts & Sections

    1
    NEGOTIABLE INSTRUMENTS ACT · Sec 138

    Case History / Proceedings

    Case History
    Date: 27-04-2018
    Business: Adv. for comtp. present. Ex.5- Court fees paid. Ex. 6-Appln. for exemption of compt. -
    Next Purpose: FOR VERIFICATION
    Next Hearing Date: 28-08-2018
    
    Date: 28-08-2018
    Business: Adv. for compt. pt. Ex.7-Verification. Documents verified. Order passed below Ex.1-Process issued.
    Next Purpose: NOT HEARD AT 2.45 P.M.
    Next Hearing Date: 15-01-2019
    
    Date: 15-01-2019
    Business: Adv. for both side present.
    Next Purpose: FOR HEARING
    Next Hearing Date: 07-05-2019
    
    Date: 07-05-2019
    Business: Adv. for both side pt. for reply on documents and further chief exam.
    Next Purpose: PART HEARD
    Next Hearing Date: 25-07-2019
    
    Date: 25-07-2019
    Business: Adv. for compt. ab. Adv. for accd. pt. Ex.14- Reply of defence on documents.
    for further chief exam.
    Next Purpose: PART HEARD
    Next Hearing Date: 04-02-2020
    
    Date: 04-02-2020
    Business: Adv for both sides pt.
    For further chief.
    Next Purpose: PART HEARD
    Next Hearing Date: 07-04-2020
    
    Date: 07-04-2020
    Business: As per office order no. 66 of 2020. Ref.1 High Court Bombay Notification and Advisory dated 14th March 2020.  2. High Court Bombay Circular (Annexure A) dt. 16/03/2020 as per direction of Principal Judge, Board Discharge
    Next Purpose: PART HEARD
    Next Hearing Date: 05-06-2020
    
    Date: 05-06-2020
    Business: As per office order no. 66 of 2020. Reference. 1. High Court, Bombay Notification and Advisory dated 14th March 2020. 2. High Court, Bombay Circular (Annexure A) dt. 16/03/2020 as per direction of Principal Judge, Board Discharged.
    Next Purpose: PART HEARD
    Next Hearing Date: 21-08-2020
    
    Date: 21-08-2020
    Reason For Adjournment: Adjourned due to Covid-19
    Next Purpose: PART HEARD
    Next Hearing Date: 14-10-2020
    
    Date: 14-10-2020
    Reason For Adjournment: Adjourned due to Covid-19
    Next Purpose: PART HEARD
    Next Hearing Date: 29-12-2020
    
    Date: 29-12-2020
    Business: Ld. M.M. is on leave. Board discharged.
    Next Purpose: PART HEARD
    Next Hearing Date: 24-02-2021
    
    Date: 24-02-2021
    Business: Court is Vacant. Board discharged.
    Next Purpose: PART HEARD
    Next Hearing Date: 10-06-2021
    
    Date: 10-06-2021
    Business: As per Office Circular bearing No. CMM/OC/11/2021, office of the Honorable C. M. M., Esplanade, Mumbai dated 22/04/2021 board is discharged. Charge is with Metropolitan Magistrate, 65th Court, Andheri, Mumbai.
    Next Purpose: PART HEARD
    Next Hearing Date: 13-08-2021
    
    Date: 13-08-2021
    Business: Complainant absent his adv. absent accused present his adv. present O- Complainant his are absent accuse and by present complainant to taken steps.  cases will be dismissed on next date. for steps.
    Next Purpose: PART HEARD
    Next Hearing Date: 28-09-2021
    
    Date: 28-09-2021
    Business: Ld. Metropolitan Magistrate, 48th Court, Andheri, Mumbai is on leave charge is with Ld. Metropolitan Magistrate, 63rd Court, Andheri, Mumbai
    Next Purpose: PART HEARD
    Next Hearing Date: 26-10-2021
    
    Date: 26-10-2021
    Business: Complainant present with advocate. Accused absent. Ld. Adv. for accused present. Further examination in chief on Exh. 12 of Frioz Khan by Ld. Adv. Atul Joshi for the complainant. Cross Examination by Ld. Adv. Manjit Singh Jolly for the accused. Further cross examination is deferred till next date.
    Next Purpose: PART HEARD
    Next Hearing Date: 16-11-2021
    
    Date: 16-11-2021
    Business: Complainant present with advocate. Accused absent. Ld. Adv. of accused present. Further cross examination of Firoj Khan on Exh. - 12 by Ld. Adv. for Manjit Singh Jolly for the accused resumed on S. A. Cross examination is over. No Re - Examination. Exh. - 21 - An application filed by Ld. Adv. for complainant for summons to Bank Staff and the same is granted. For evidence of bank staff.
    Next Purpose: PART HEARD
    Next Hearing Date: 03-12-2021
    
    Date: 03-12-2021
    Business: Complainant absent. Ld. Adv. for complainant present. Accused present. Ld. Adv. for accused  present.
    Next Purpose: PART HEARD
    Next Hearing Date: 22-12-2021
    
    Date: 22-12-2021
    Business: Adv. for complainant present .
    Exh.No. 22 - An application for BWT of witness. O - Issue BWT of Rs. 10,000/- to Bank witness.
    Next Purpose: PART HEARD
    Next Hearing Date: 18-01-2022
    
    Date: 18-01-2022
    Business: Complainant and Ld. Adv. for complainant absent. Accused absent. Ld. Adv. for accused present. Witness absent.
    Next Purpose: PART HEARD
    Next Hearing Date: 05-02-2022
    
    Date: 05-02-2022
    Business: Complainant and his advocate absent. Accused present with advocate.
    Next Purpose: PART HEARD
    Next Hearing Date: 21-02-2022
    
    Date: 21-02-2022
    Business: Complainant present with advocate. Accused present with advocate. Exh. - 23 - An application by Ld. Adv. for complainant to issue warrant to bank witness - O - Issue BWT of Rs. 10000/- to bank witness.
    Next Purpose: PART HEARD
    Next Hearing Date: 07-03-2022
    
    Date: 07-03-2022
    Business: Complainant present his adv. present Accused present his adv. present witness not record.
    Next Purpose: PART HEARD
    Next Hearing Date: 19-03-2022
    
    Date: 19-03-2022
    Business: Adv. for complainant present.
    Accused absent. Adv. for accused present.
    Exh. No. 24 - An application by adv. for accused for exemption. O - Granted for today only.
    Exh. No. 25 - Deposition of witness no. 2 on behalf of complainant.
    On S. A. examination-in-chief by Adv. for complainant.
    Exh. No. 26 -  Authority Letter.
    Exh. No. 27 - Account statement for the period 01/11/2017 to 30/11/2017 alongwith Certificate U/sec. Banker books evidence act.
    Cross-examination by Adv. Manjit Singh Jolly for accused.
    Cross-examination is over.
    No re-examination.
    Exh. No. 28 - Evidence closing Pursis by Adv. for complainant. O -Seen.
    For Statement.
    Next Purpose: FOR STATEMENT U/sec 313
    Next Hearing Date: 25-03-2022
    
    Date: 25-03-2022
    Business: Complainant and his adv. absent.
    Accused and his Adv. present.
    Exh. No. 29 - Statement of accused U/sec. 313 of Cr.P.C.
    For argument.
    Next Purpose: FOR ARGUMENTS
    Next Hearing Date: 11-04-2022
    
    Date: 11-04-2022
    Business: Adv. for complainant present.
    Adv. for accused present.
    Exh. No. 30 - Written argument on behalf of complainant. O - Read and recorded.
    Exh. No. 31 - Written argument on behalf of accused. O - Read and recorded.
    Next Purpose: FOR JUDGMENT
    Next Hearing Date: 29-04-2022
    
    Date: 29-04-2022
    Business: Adv. for complainant present.
    Adv. for accused present.
    Next Purpose: FOR JUDGMENT
    Next Hearing Date: 11-05-2022
    
    Date: 11-05-2022
    Business: Complainant present. Ld. Adv. for complainant present. Accused present with advocate. Judgment pronounced in the open court. Accused is hereby convicted for the offence punishable under section 138 of N. I. Act vide section 255 (2) of Cr.P.C. Accused is sentenced to suffer S. I. for the periof of Three months and he shall pay compensation of Rs. 5,00,000/- to the complainant vide section 357(3) of Cr.P.C. Accused shall pay above amount of compensation within two months from today, in default of payment of compensation, accused shall suffer further S. I. for the period of 15 days. The amount of compensation realized from the accused, shall be paid to the complainant, subject to expiry of the appeal period or the orders of Honourable Appellate Court (if any). Accused to surrender her bail bonds. No question of set off under section 428 of Cr.P.C. as the accused has not spent any period in the custody during trial. The copy of judgment be provided free of cost
    Nature Of Disposal: CONVICTED
    Disposal Date: 11-05-2022

    Additional Case Details

    Additional Case Details
    Filing Number: 2146/2018
    Filing Date: 02-02-2018
    First Hearing Date: 27th April 2018
    Decision Date: 11th May 2022
    Court Number And Judge: 48-Judicial Magistrate (First Class), 48th Court

    Orders

    1
    Final Order 1Full order available
    11 May 2022

    Order Details: Copy of Judgment Pdf Text: 1 C. C. No. 597/SS/2018 Filed on : 02/02/2018 Registered on : 02/02/2018 Decided on : 11/05/2022 Duration : 04Y. 03M. 09D. IN THE COURT OF METROPOLITAN MAGISTRATE 48TH COURT ANDHERI MUMBAI (Presided over by K. G. Sawant) Case No. 597/SS/2018 CNR: : MHMM190012782018 Exh. No. 32 Mr. Firoz Ismail Khan, Indian Adult, Flat No. 1404, Star Residency CHS Pvt.Ltd. Plot no. 186/C, Station Road, Jogeshwari (W), Mumbai. 400102 ...Complainant Versus Mr. Kanji…

    Read Full Order

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